HAMZA IBRAHIM V. THE REPUBLIC

JUDGMENT

MENSAH-HOMIAH (MRS.) J.

The Appellant herein was arraigned before the Circuit Court, Kumasi on a charge of causing unlawful harm contrary to section 60 of the Criminal and Other Offences Act, 1960, Act 29. The particulars of offence were that he intentionally and unlawfully caused harm to one Awudu Issaka.

He pleaded not guilty to this charge and after a full trial, he was convicted and sentenced to 10 years imprisonment with hard labour. Aggrieved by the said conviction and sentence, the appellant brought the instant appeal to set aside the said conviction and sentence.

GROUNDS OF APPEAL.

1. The Judgment is against the weight of the evidence on record

2. The Learned Judge failed to give weight to the statutory defence of self defence as alleged by the Prisoner.

BACKGROUND FACTS

The facts are quite simple and straight forward. At about 7:00pm on 28/05/2013, a misunderstanding ensued between the Appellant and the Complainant at Adukrom but the same was brought under control by onlooke…